Do Not Pass Go, Go Directly to Federal Court for 42 USC s.1983 Appeals

I’d forgotten about this gem. Basically, the Supreme Court held that you do not need to exhaust administrative remedies before filing a Federal civil rights claim — such as, oh, I don’t know, infringing on my Second Amendment rights.

So let’s imagine in California a sheriff denies my application for a CCW permit because “self defense” isn’t sufficient reason. I try to file a civil rights case and the sheriff says no, you have to go through my department’s appeal process first. Supreme Court said they don’t get to do that.

*498 JUSTICE MARSHALL delivered the opinion of the Court.

This case presents the question whether exhaustion of state administrative remedies is a prerequisite to an action under 42 U. S. C. § 1983 (1976 ed., Supp. IV). Petitioner Georgia Patsy filed this action, alleging that her employer, Florida International University (FIU), had denied her employment opportunities solely on the basis of her race and sex. By a divided vote, the United States Court of Appeals for the Fifth Circuit found that petitioner was required to exhaust “adequate and appropriate” administrative remedies, and remanded the case to the District Court to consider the adequacy of the administrative procedures. Patsy v. Florida International University, 634 F. 2d 900 (1981) (en banc). We granted certiorari, 454 U. S. 813, and reverse the decision of the Court of Appeals.

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